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La Cour fédérale rejette le contrôle judiciaire d’un refus de demande CH, jugeant raisonnable l’analyse sur l’identité, l’établissement, l’intérêt supérieur des enfants et la preuve médicale.
The appeal is allowed because the trial judge denied the mother natural justice by failing to give timely and adequate notice that her decision-making role might be extinguished, failed to apply the required legal analysis for varying an existing order (no finding of material change in circumstances), and materially misapprehended evidence about the mother's decision-making and cooperation; accordingly the decision-making portion of the order was set aside and the mother reinstated as primary decision-maker subject to consultation obligations with the father and stepfather.
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The Federal Court granted judicial review of an H&C redetermination, finding the officer ignored central evidence on language, schooling, and hardship and relied on speculation.
Material change found: JNM's expressed wishes and increased time with father justified changing primary care to Respondent; approximately 34% of Applicant's 60% share of Arbour Dental Inc.'s pre‑tax net income (additional $30,435) was properly attributed to Applicant because business growth lacked convincing evidence that funds were required for legitimate retained business needs; retroactive support limited to effective notice date April 1, 2024 through December 1, 2024 (9 months) at set‑off table amount $705/month (total $6,345) payable by Respondent within 90 days; no variation of special…
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On balance of probabilities the court found AL credible and MW's allegations of sexual abuse and coercive control unproven; the child's best interests support shared parenting under AL's proposed eight‑day rotation with specific modifications; prospective child support set by shared‑custody set‑off to $475/month from April 1, 2026 and prospective s.7 expenses apportioned 63% AL/37% MW; retroactive table child support for Sep 2021–Aug 2022 was declined due to demonstrated burdens AL incurred to exercise parenting time, but AL was ordered to pay $31,536 by periodic payments of $350/month in add…
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On the evidence the Minister established on the civil standard that the children remained at substantial risk of physical harm due to persistent unsanitary and unsafe home conditions and the continuing risk posed by JW combined with LL\u2019s lack of sustained insight and unwillingness to engage in recommended services; less intrusive alternatives were attempted and failed and the statutory timeline expired, therefore permanent care and custody must be granted to the Minister and a PIO was not an appropriate alternative at the deadline.
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The Federal Court granted judicial review of an H&C refusal, finding the officer’s best-interests-of-the-child analysis unreasonable for failing to address key financial dependence evidence.
The Federal Court granted judicial review of an H&C refusal, finding the officer failed to assess the applicants’ situation empathetically and holistically.
The Federal Court granted judicial review of an H&C refusal, finding the officer failed to transparently weigh the factors and improperly assessed the child’s best interests.
The Federal Court allowed judicial review of an H&C refusal, finding the officer unreasonably misapprehended efforts to regularize status and failed to assess family and child-focused evidence.
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